Arrest Procedures Flashcards
PURPOSE: To establish procedures for effecting arrests with or without a warrant. SCOPE: This Standard Operating Procedure (SOP) applies to all employees of the Department. POLICY: It is the policy of the Department that arrests will be made in compliance with the United States (US) Constitution, the State of Florida Constitution, Florida Statutes (FS), Miami-Dade County ordinances, City of Miami Beach ordinances and this SOP.
ARREST CAPIAS
An order of arrest signed by the Clerk of the Court upon the order of a judge or when the State Attorney’s Office (SAO) has filed an information
ARREST WARRANT
An order of arrest signed by a judge
COMPENSATORY DAMAGES
Questioning, likely to elicit incriminating responses,
initiated by law enforcement officers after a person is taken into custody or otherwise deprived of his or her freedom in any significant way.
EXIGENT CIRCUMSTANCES
Circumstances that are of such urgency as to justify a
warrantless entry, search, or seizure by police when a warrant would ordinarily be
required; circumstances that would cause a reasonable person to believe that entry or other relevant prompt action was necessary to prevent physical harm to the officers or other persons, the destruction of relevant evidence, the escape of the suspect, or some other consequence improperly frustrating legitimate law enforcement efforts
FOREIGN NATIONAL
A person, who was born outside the jurisdiction of the US, is a citizen of a foreign country and has not become a naturalized US citizen under US law.
FRESH PURSUIT
The immediate and continuous pursuit by officers of a person, who has committed a felony, is reasonably suspected of committing a felony, committed a misdemeanor, violated a county or municipal ordinance or a violation of FS Chapter 316 and is fleeing to avoid arrest. Under common law officers have the right to cross
jurisdictional lines in order to make an arrest
JUVENILE ASSESSMENT CENTER (JAC)
The location for the delivery of juvenile arrestees
MASS ARREST HOLDING
A secured area within the police headquarters parking garage used for prisoner overflow during major events, incidents and/or mass arrests.
PUNITIVE DAMAGES
Money awarded to a victim that is intended to punish a subject and stop the person or business from repeating the conduct that caused the award, and to deter others from similar conduct.
TURNER GUILFORD KNIGHT (TGK
The primary location for the delivery of adult arrestees
There are two types of arrest
- Arrest without a warrant; and
2. Arrest with a warrant.
All arrests will be based on _______ that the crime occurred and that the subject was the perpetrator of the named crime.
probable cause
Case law defines probable cause as
reasonable ground of
suspicion, supported by circumstances sufficiently strong in themselves to warrant a cautious man in believing the accused
man to be guilty. Bryant v. State,
The source of the probable cause may be
a. Evidence gathered from the subject, the scene of the arrest, informants or other sources;
b. The particular events preceding the arrest;
c. The experience, training of the arresting officer and his/her analysis of the situation.
A finding by a judge
that there was a lack of probable cause for the arrest can result in any of
the following
- Dismissal of the charge;
- Suppression of any evidence found incident to the arrest;
- Civil suit for damages against the officer, Department and/or City;
- Criminal charges against the officer
Persons under arrest and who are subjected to custodial interrogation will be advised of their constitutional rights
Miranda Rights, including their right to have an attorney present during questioning
Discretion is the authority to make decisions within legal boundaries using personal judgment. Use of discretion will be guided and framed by law, policies, rules, procedures, Department objectives, training and
supervision.
With the exception of felonies, domestic violence and driving under the influence offenses where a person must be physically arrested and incarcerated, officers are encouraged to use their discretionary authority and available alternatives.
The decision to make an arrest will be made after careful Consideration of the following:
a. The seriousness of the crime committed;
b. Whether making an immediate arrest would imperil public safety;
c. Whether public empathy may be enhanced and potential ill will avoided through the careful exercise of discretionary authority.
Officers have discretion to issue a Promise to Appear (PTA) in lieu of a
physical arrest and incarceration when:
- The subject is a resident of Miami-Dade, Broward County or Palm Beach County and;
- The offense is a misdemeanor that is minor in nature.
Prior to releasing a subject pursuant to a PTA officers will
- Obtain photo-identification depicting the subject and listing a physical address within Miami-Dade County, Broward County or Palm Beach County
- Ensure that all required information is supplied in the
Complaint/Arrest Affidavit form; - Obtain the subject’s signature on the Complaint/Arrest Affidavit
form. A subject who has been properly identified but refuses to sign or provide sufficient information for a PTA will be arrested and transported to the TGK - Obtain the subject’s thumbprint on the white and yellow Miami-Dade Police Department (MDPD) record copy of the Complaint/Arrest Affidavit form
When a driver is cited for a traffic infraction and does not have
his/her Driver’s License in his/her possession, FS 322.15 requires
an officer to obtain the driver’s thumbprint on the citation in the box
located on the back of the citation’s white page. A driver who
refuses to provide a thumbprint may
be arrested under
FS 843.02, resisting an officer without violence.
Juveniles will not be issued a PTA. All juveniles will be transported……
to the Juvenile Assessment Center (JAC) to be photographed, printed and released from there
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of
20 grams or less, as set forth in section 893.1
Pursuant to City Ordinance 70-1(c)(1) and City Ordinance 70-1(c)(2), officers are expected to issue a civil citation in lieu of physical arrest for possession of cannabis in an amount of 20 grams or less, as set forth in section 893.13(6)(b) of the Florida Statutes and/or possession of cannabis drug paraphernalia, as set forth in sections 893.146 and 893.147(1)(b) of the Florida Statutes,
a felony, driving under the influence, domestic violence incident, violent crime or other misdemeanor criminal offense to include but not limited to trespass after warning, criminal mischief, or defrauding an innkeeper;
- Such violations involve the open or public consumption of cannabis;
- Such violations involve the driver and/or any occupant of a motor vehicle;
- Such violations involve indicia of intent to sell cannabis such as statements against interest, multiple bagged quantities and/or large amounts of cash, other observed conduct consistent with sale of and intent to sell;
- Such violations involve an individual who is currently on probation or parole;
- Such violations involve an individual who is out of custody on a pending criminal court case to include but not limited to out on bond, released on his/her own recognizance, electronic monitoring;
- Such violations involve a juvenile, a person under the age of 18 years of age. Juveniles found in possession of cannabis, Regardless of amount, will be arrested and taken to the county juvenile Assessment Center. Refer to SOP #112 - Juvenile Offenders/Victims for additional guidance
Arrest Without a Warrant
The decision to make a warrantless arrest will be guided by the factual situation involved and the officer’s probable cause.
A person may be arrested without a warrant
That person has committed a felony, misdemeanor or a criminal violation of Miami-Dade County or CMB ordinance in the presence of an officer. An arrest for the commission of a misdemeanor or the criminal violation of a municipal or county ordinance will be made immediately or in fresh pursuit.
- The officer has probable cause to believe that a felony has been original is being committed and the person to be arrested is the perpetrator of the crime;
- The officer has knowledge that an arrest warrant has been issued, but another officer or agency is holding the warrant for execution;
- The officer has probable cause to believe that a person committed a misdemeanor and the misdemeanor is listed as a statutory exception to the in-presence requirement. Refer to the Florida Law Enforcement Handbook, Legal Guidelines section, under Warrantless Arrest for a listing of statutory exceptions;
- An officer may make a probable cause arrest based on a Complaint/Arrest Affidavit form which was completed by another Department officer and is on file at the Headquarters Building pending application for an arrest warrant. When such an arrest is made, it will be the responsibility of the arresting officer to notify the officer who completed the Complaint/Arrest Affidavit form prior to the end of his/her shift so that the case is filed in a timely manner and the warrant application terminated
An officer may detain a person on a request from another law
enforcement agency only if probable cause exists and the
information is confirmed via teletype;
a. If probable cause does not exist, it will be treated as an
attempt to locate;
b. The originating agency will be notified of the location where the person is being detained and a request will be made for that agency to respond to that location;
c. If it is not possible for that agency to respond, the officer will gather as much information as possible, forward the information to the originating agency and release the subject.
Information may come to light subsequent to the arrest that affects the probable cause determination. Officers will, upon making a determination that probable cause for an arrest no longer exists:
a. Notify his/her supervisor of the circumstances regarding the detention;
b. Release the person with an explanation for the detention,
return him/her to the location where he/she was originally
detained and make arrangements to retrieve any vehicle or property that may have been impounded and/or towed; and
c. Prepare a Case Report detailing the circumstances of the detention and release.
Arrest with a Warrant
A. Pursuant to FS 901.04, all arrest warrants are directed to and executed by
the MDPD.
B. Pursuant to FS 901.15, officers may arrest a person when an arrest
warrant or arrest capias has been issued and is being held by another
officer or agency for execution.
C. When requested, officers will assist law enforcement officers and court
officers from other jurisdictions with serving and executing criminal
process within the City.
D. Whenever practicable, officers will check all arrested persons for arrest
warrants.
If a computer check reveals a warrant, the arresting officer will
verify the warrant via the Public Safety Communications Division
(PSCD) and confirm that the person in custody is the person named in the warrant
a. If the warrant was issued in Miami-Dade County the officer
will arrest the subject.
b. If the warrant was issued by an agency outside Miami-Dade County the officer will contact the Miami-Dade PoliceDepartment (MDPD) Warrant Section and determine whether the issuing agency is willing to extradite.
If the issuing agency is willing to extradite, the officer
will:
a) Transport the arrested person, to the MDPD
Warrant Section to obtain the completed
Complaint/Arrest Affidavit form;
b) Transport the arrested person to the TGK to
await extradition.
If the warrant does not authorize extradition the officer will:
release the subject unless there are local charges.
The circumstances will be documented on a Case
Report.
Should a suspect detained as a result of a warrant arrest claim
mistaken identity, the arresting officer will contact the ––––– and delay booking until positive identification is established
MDPD Fingerprint Identification Section